IIUM Repository

Understanding the legality of Waqf Muaqqat: a Shariah perspective

Mohamad, Nor Asiah and Abd Razzaq, Isa (2021) Understanding the legality of Waqf Muaqqat: a Shariah perspective. In: WAQF Past Present and Future. IIUM GWC, IIUM, pp. 1-220. ISBN 978-967-2641-80-3

This is the latest version of this item.

[img]
Preview
PDF
Download (763kB) | Preview
[img]
Preview
PDF
Download (5MB) | Preview

Abstract

It is clear that there is no specific text in the Quran or in Prophetic traditions, which disallow temporary Waqf. It is based on the ijtihad of the jurists from every Mazhab. This can be seen whereby there is some jurists in every Mazhab who explicitly or implicitly propose to the idea of temporary Waqf although their views are not the certified view in their Mazhab like Abu Yusuf from the Hanafis, An-Nawawi from the Shafies and Al-Mawardi from the Hanbalis. Since Waqf is a type of Sadaqah or specifically Sadaqah jaariyah (continuous charitable act), then it can be in the temporary or perpetual form. From the hadith of Ibn Umar, it can be understood that a Waqf property cannot be sold, or revoked during the period of Waqf. However, it does not prohibit temporary Waqf. This study investigates further Shariah position of Waqf Muaqqat with the objective to make it an acceptable Waqf practice and becomes one of the main product of Islamic Social Finance

Item Type: Book Chapter
Uncontrolled Keywords: waqf muaaqat, temporary waqf,
Subjects: BPK Islamic law. Shari'ah. Fiqh
BPK Islamic law. Shari'ah. Fiqh > BPK36 Islamic law (General)
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law
Depositing User: Dr Nor Asiah Mohamad
Date Deposited: 15 Sep 2022 17:11
Last Modified: 15 Sep 2022 17:11
URI: http://irep.iium.edu.my/id/eprint/99874

Available Versions of this Item

Actions (login required)

View Item View Item

Downloads

Downloads per month over past year